Greenfield's effort to get better control of food trucks that dish up their delicacies in parking lots appears likely to push the only one in the city right out of town.

The owner of Firewise Barbecue said he sells food in business parking lots for the safety of his patrons, but might be forced to park in the street, or move out entirely, to avoid a 10-fold increase in city fees.

Firewise has been at each location one day a week for three years, with the permission and blessings of the businesses.

For next year, Obradovich is looking at a $1,000 tab from the city for his two locations. Currently, he pays $100, total, for his health department permit.

Greenfield wants him to have a special-use permit costing $450 for each location. That represents a $900 gamble that the Greenfield Common Council will approve the permits.

Invited elsewhere

He has already been invited to West Allis, where he doesn't need a special-use permit, only a $100 sellers fee, plus health department clearance and a state license that are required of all food trucks.

Barbecue is the specialty the Firewise BBQ food truck has served to customers for three years at two locations in Greenfield.(Photo: Alex Obradovich/Submitted)

Ironically, food trucks can sell at curbside in Greenfield with only state and health department clearance.

But Obradovich said he feels that is unsafe for customers and for the truck.

"Why put it in the street, 5 feet away from moving cars?" he asked.

"It's an attack on my business," Obradovich said of the city's demand for the additional permits.

The why

Not so, said Mayor Michael Neitzke.

"This isn't a war against a reputable food truck trying to make a living," he said.

A special-use permit is going the extra mile to make sure neighbors have a say in whether they want a food truck around, even if it's only one day a week, as in the Firewise Barbecue's case, he said. A food truck could create nuisances like a hum from its generator or possibly the aroma of food.

A special-use permit also would get the city involved in checking sight lines, hours of operation and parking lot safety, he said.

Without a special-use permit, city staff would have to make those decisions without guidance, he said.

The $450 charge is to cover costs involved in notifying neighbors, holding a public hearing, staff investigations and providing the results to decision-makers, he said.

Too much governance

Alderwoman Linda Lubotsky said the special-use requirement is too much government interference.

Food trucks already have to get a state license and pass health department inspection, she said, "There is no need for a third layer of government involved in food trucks. He has operated for three years with no problem."

However Neitzke said, "The next person who comes along may not be as responsible."

Until now, food trucks have had to please the parking lot owners, who could ask them to leave if issues remain unresolved.

the Firewise BBQ food truck is set up to serve customers at a gig outside of its two regular locations in Greenfield.(Photo: Alex Obradovich/Submitted)

Lubotsky proposed an ordinance that doesn't require food trucks to get a special-use permit. However, she steered that back to committee when it appeared likely to fail, 3-2, in a common council vote.

Doubt raised

It was that common council discussion of Lubotsky's proposal that added fuel to Obradovich's doubts that the council would approve the special-use permits he needs, he said.

Food trucks in the abundance they are now are a new phenomenon, so municipal regulation has tended to be light.

In New Berlin, for example, where Firewise Barbecue also operates for one day a week, only a direct-sales permit is needed. Nothing is required at all in Port Washington and Fredonia, where Tony Roy sells from his Mr. Tony's Barbecue truck. He buys a $150 peddlers permit approved by staff in Grafton.

But West Bend, where Roy also now sells, had no regulations other than food trucks could stay only about a month. This summer, West Bend established an ordinance requiring a conditional-use permit for $400 and plan commission approval. Like the Greenfield special-use permit, it's specific to the site.

Roy has operated food trucks for nine years.

Businesses uneasy

The other problem with requiring special-use permits as critics see it, is that the owners of the parking lots have to apply for them.

That's unreasonable, Lubotsky argued.

"Why would a business want to go under a microscope because they have a food truck?" she asked.

Even good property owners who keep their properties well-maintained get uneasy when city inspectors come around. Indeed, that was the case in Greenfield.

"We didn't want any problems with city officials or the inspection department," said Michael DeMichele, an owner of the shopping area containing Rogan's Shoes. "We do not want to be viewed as controversial or problematic in the community."

Similarly, Michael Dethloff, an owner of Ken Michael's Furniture, said you never know what's going to happen when city inspectors drop by. He recalls an incident when he asked to expand his Brookfield store. Despite the store's lush landscaping, the inspector came along and said it would be nice to have a tree in a new location, he said.

'Can of worms'

"It opens up a whole can of worms," Dethloff said.

Firewise BBQ is set up and ready for business at Ken Michael's Furniture Milwaukee Mattress, 1906, 4140 S. 108th St., Greenfield.(Photo: Google)

The mayor said those kinds of recommendations would not come from this kind of special-use request.

"A special-use review would not get into seeing that there are more trees on a property," Neitzke said. "If you want to put a trailer in a parking lot, the focus will be on the trailer in the parking lot."

However he said, if the property is in significant disrepair, it would likely have to be fixed up before a special-use permit would be granted.

Trouble

Also, it is the property owners, rather than the food truck owners, who would have to apply for the special use.

It would mean compiling information for the plan commission and the common council and producing a long list of documents, DeMichele said.

"I would be involved in that," he said. "It was just more than anybody was willing to do."

Having one set of rules for a food truck that does business in a parking lot and another for a truck that does business in the street doesn't seem fair, Dethloff said.

"If he would park in the street, he would need no permit at all," Dethloff said.

Truck an asset

Both owners said it has been good having Firewise Barbecue.

Dethloff said, "I don't know anybody here who doesn't like having his truck around." He actually invited the food truck when it lost its space next door because a business moved out.

DeMichele said Firewise has been good for his business.

"Some people come in from the food truck and shop here," he said.

"He was helping keep the lot clean, and he had very good food," DeMichele said. "Everything was going along fine."

Played by the rules

"We did everything the right way," Obradovich said. "We've had no complaints, we've had zero issues. It's like trying to prevent a problem that isn't a problem. We have three years of a good positive history in the city."

On Wednesday, Dec. 12, Obradovich met with Neitzke, other city officials and the owners of the properties where his food truck is welcomed to try to find a solution. That didn't happen.

"After the meeting, I decided I was done with the city of Greenfield," Obradovich said.

The business owners said they felt better.

"I understand where they're coming from," said Dethloff of Ken Michael's Furniture. "There are two sides to the story, and the mayor did a great job of explaining it."

Why now?

There is debate over where all the current attention on food trucks comes from. City officials said the city is just enforcing its ordinances affecting mobile -ood services.

The city defines mobile food services as the North American Industry Classification System does: "... the central location from which the caterer route is serviced, not each vehicle or cart."

In other words, the term "mobile food services" refers to the kitchen where food is prepared for trucks and food carts to take out to sell.

But food trucks are kitchens on wheels with no other kitchen. So critics say the city is plowing new ground.

The full definition of mobile food service is: "This industry comprises establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts. The establishment is the central location from which the caterer route is serviced, not each vehicle or cart. Included in this industry are establishments primarily engaged in providing food services from vehicles, such as hot dog carts and ice cream trucks."

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